Today’s correspondent is from an private EMS provider. They are:

… sorting out lights for our new Ambulances. Are there any issues with a red/amber combination. I would use red and white but apparently pulsating white lights at night is prohibited. Red is great for daytime use. We can’t use blue or white. So the only options we have are.

1. Solid red.

2. Red/amber combination.

The Light Vehicle Standards, adopted as Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2017 (NSW) define an emergency vehicle as ‘a vehicle driven by a person who is—‘ a member of the Ambulance Service rendering or providing transport for sick or injured persons’.

I have argued before that I think reference to ‘the Ambulance Service’ rather than ‘an ambulance service’ means the Ambulance Service of NSW established by the Health Services Act 1997 (NSW).

Rule 114 of the Light Vehicle Standards says:

(1) A vehicle may be fitted with any light or reflector not mentioned in these rules.

(2) However, unless subrule (3) or (4) applies, a vehicle must not display or be fitted with–

(a) a light that flashes or rotates, or

(b) a light or reflector that–

(i) shows a red light to the front, or

(ii) shows a white light to the rear, or

(iii) is shaped or located in a way that reduces the effectiveness of a light or reflector that is required to be fitted to the vehicle under these rules, or

(iv) shows a blue light.

(3) Despite rule 15 and any requirement of a third edition ADR, an emergency vehicle or police vehicle may be fitted with any light or reflector.

(4) Despite rule 15 and any requirement of a third edition ADR, the following vehicles may be fitted with a light or lights, at least one of which must be mounted on top of the vehicle, capable of displaying a flashing or rotating light–

(a) ambulances,

(b) police vehicles,

(c) fire fighting vehicles,

(d) mines rescue or other rescue vehicles,

(e) Red Cross vehicles used for conveyance of blood for urgent transfusions,

(f) public utility service vehicles,

(g) tow-trucks,

(h) motor breakdown service vehicles,

(i) vehicles used for the delivery of milk that are required to stop at frequent intervals,

(j) buses used solely or principally for the conveyance of children to or from school,

(k) vehicles exceeding the length, width and height limits of these rules,

(l) vehicles frequently used to transport loads that exceed the maximum length, width and height limits of these rules,

(m) vehicles used to escort vehicles referred to in paragraph (k) or (l),

(n) vehicles used by Transport for NSW,

(na) vehicles used by the National Heavy Vehicle Regulator,

(o) vehicles used by an employee of a council of a local government area for the purposes of enforcing excess weight limits legislation,

(p) State Emergency Service vehicles,

(q) any other vehicles that are approved by Transport for NSW.…

(7) A light that may be fitted under subrule (4) must be capable of displaying–

(a) in the case of … an ambulance, –a blue or red light, or

(b) in the case of a Red Cross vehicle, a mines rescue or other rescue vehicle or an emergency vehicle within the meaning of the Road Rules 2014 (other than a vehicle referred to in paragraph (a))–a red light, or…

(e) in the case of any other vehicle–a yellow light unless otherwise approved by Transport for NSW

In short:

  1. The vehicle cannot have flashing lights unless it meets one of the exemption criteria;
  2. Is it an ambulance? See What’s an ambulance? (May 28, 2017).  If it is an ambulance it can have red/blue flashing lights.
  3. If it’s not an ‘ambulance’ is it an ‘emergency vehicle within the meaning of the Road Rules 2014 (other than a vehicle referred to in paragraph (a))’?  An emergency vehicle is, relevantly, a vehicle driven by ‘a member of the Ambulance Service …’, emphasis added and again noting it says ‘the Ambulance Service’ not ‘an ambulance service’.  A private EMS service is not ‘the Ambulance Service’ so my correspondent’s vehicle does not fall in that definition of an ‘emergency vehicle’. It can be an emergency vehicle if Transport for NSW has approved the members as ‘emergency workers’.  If that has happened, the vehicle can have red flashing lights (cl 114(4)(q) and 114(7)(b)). 
  4. I cannot see how the vehicle operated by a private EMS service would be classed as any of the other vehicle types listed in r 114(4)(a) to (q) so the cannot have a yellow flashing light either.

Conclusion

If the vehicle is registered as an ambulance, it can have red/blue flashing lights.  If it is not, specific approval would be required from Transport NSW to fit either a red or yellow (amber) flashing light to a vehicle that is operated by a private EMS provider.

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This blog is made possible with generous financial support from the Australasian College of Paramedicine, the Australian Paramedics Association (NSW), Natural Hazards Research Australia, NSW Rural Fire Service Association and the NSW SES Volunteers Association. I am responsible for the content in this post including any errors or omissions. Any opinions expressed are mine, and do not necessarily reflect the opinion or understanding of the donors.